Point in time view as at 24/06/2022.
Children's Hearings (Scotland) Act 2011, Section 26 is up to date with all changes known to be in force on or before 01 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A children's hearing or a court may make a decision that is inconsistent with the requirement imposed by section 25(2) if—
(a)the children's hearing[F1, pre-hearing panel] or court considers that, for the purpose of protecting members of the public from serious harm (whether physical or not), it is necessary that the decision be made, and
(b)in coming to the decision, the children's hearing[F1, pre-hearing panel] or court complies with subsection (2).
(2)The children's hearing[F2, pre-hearing panel] or court is to regard the need to safeguard and promote the welfare of the child throughout the child's childhood as a primary consideration rather than the paramount consideration.
Textual Amendments
F1Words in s. 26(1)(a)(b) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(3)
F2Words in s. 26(2) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(3)
Commencement Information
I1S. 26 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
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